BILL NUMBER: SB 1716	CHAPTERED  09/29/00

	CHAPTER   926
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 29, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	PASSED THE ASSEMBLY   AUGUST 28, 2000
	AMENDED IN ASSEMBLY   AUGUST 24, 2000
	AMENDED IN ASSEMBLY   AUGUST 11, 2000
	AMENDED IN ASSEMBLY   JULY 6, 2000
	AMENDED IN SENATE   JUNE 7, 2000
	AMENDED IN SENATE   MAY 3, 2000
	AMENDED IN SENATE   APRIL 5, 2000

INTRODUCED BY   Senator Ortiz

                        FEBRUARY 23, 2000

   An act to amend Sections 1816, 3110.5, and 3112 of, to amend and
renumber Section 3027 of, and to add Sections 3027 and 3118 to, the
Family Code, and to amend Section 827 of the Welfare and Institutions
Code, relating to child custody proceedings.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1716, Ortiz.  Child custody proceedings:  allegations of sexual
abuse.
   Existing law specifies sanctions that may be imposed if the court
determines that an accusation of child abuse or neglect made during a
child custody proceeding is false and other conditions exist, as
specified.
   This bill would, when allegations of child sexual abuse, as
defined, are made in those proceedings, authorize the court to take
reasonable, temporary steps to protect the child's safety, as
specified; authorize the court to request the local child welfare
services agency to conduct an investigation; and require the child
welfare agency to report back to the court regarding its
investigation.
   Existing law requires supervising and associate counselors and
mediators, persons who supervise or administer Family Court Services
evaluation or mediation programs, and court-connected or private
child custody evaluators, as defined, to have specified training in
domestic violence, including child abuse.
   This bill would direct the Judicial Council to develop standards
for training in the nature of child sexual abuse.  This bill would
provide that on or after January 1, 2005, court connected and private
custody evaluators shall not engage in evaluating, investigating, or
mediating child custody issues unless they have completed child
sexual abuse training.
   Existing law requires the court to consider specified factors in
determining the best interest of a child in proceedings concerning
child custody or visitation.  Those factors include a history of
abuse by one parent against the other or against the child and, when
allegations of that abuse are made, the court may require substantial
independent corroboration of the allegations, as specified.
   This bill would require, in any contested proceeding, where the
court has appointed a child custody evaluator and the court
determines there are serious allegations of child sexual abuse, that
the allegations be investigated by an evaluator who would be required
to consult with both child welfare services and law enforcement.
The bill would require the order appointing a child custody evaluator
to authorize the evaluator to have access to all juvenile court
records pertaining to the child who is the subject of the evaluation,
and would require any records or information gained therefrom to
remain confidential, except as specified.  The bill would define
"serious allegations of child sexual abuse" for these purposes, would
establish minimum standards for the investigation, and require the
evaluator to submit a specified confidential report to the court and
to serve it on the parties or their attorneys.  This bill would also
provide that if the court orders an investigation the court shall
consider whether the best interest of the child requires that a
temporary order be issued that limits visitation with the parent
against whom the allegations have been made to situations in which a
3rd person is present or whether visitation will be suspended or
denied.  This bill would also make related conforming changes.
   Existing law restricts the inspection of juvenile case files,
except by specified persons or entities.
   This bill would include among those specified persons a judge
assigned to a family law case with issues concerning custody or
visitation, or both, a family court mediator, and a child custody
evaluator, as specified.
   This bill would incorporate additional changes to Section 827 of
the Welfare and Institutions Code proposed by SB 1611, to be
operative if this bill and SB 1611 are enacted and become effective
on or before January 1, 2001, and this bill is enacted last.
   The bill would impose a state-mandated local program by imposing
additional duties on local officials.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1816 of the Family Code is amended to read:
   1816.  (a) Supervising and associate counselors and mediators
described in Section 3164 and court-connected and private child
custody evaluators described in Section 3110.5 shall participate in
programs of continuing instruction in domestic violence, including
child abuse, as may be arranged and provided to them.  This training
may utilize domestic violence training programs conducted by
nonprofit community organizations with an expertise in domestic
violence issues.
   (b) Areas of instruction shall include, but are not limited to,
the following:
   (1) The effects of domestic violence on children.
   (2) The nature and extent of domestic violence.
   (3) The social and family dynamics of domestic violence.
   (4) Techniques for identifying and assisting families affected by
domestic violence.
   (5) Interviewing, documentation of, and appropriate
recommendations for families affected by domestic violence.
   (6) The legal rights of, and remedies available to, victims.
   (7) Availability of community and legal domestic violence
resources.
   (c) The Judicial Council shall develop standards for the training
programs.  The Judicial Council shall solicit the assistance of
community organizations concerned with domestic violence and child
abuse and shall seek to develop training programs that will maximize
coordination between conciliation courts and local agencies concerned
with domestic violence.
  SEC. 2.  Section 3027 of the Family Code is amended and renumbered
to read:
   3027.1.  (a) If a court determines, based on the investigation
described in Section 3027 or other evidence presented to it, that an
accusation of child abuse or neglect made during a child custody
proceeding is false and the person making the accusation knew it to
be false at the time the accusation was made, the court may impose
reasonable money sanctions, not to exceed all costs incurred by the
party accused as a direct result of defending the accusation, and
reasonable attorney's fees incurred in recovering the sanctions,
against the person making the accusation.  For the purposes of this
section, "person" includes a witness, a party, or a party's attorney.

   (b) On motion by any person requesting sanctions under this
section, the court shall issue its order to show cause why the
requested sanctions should not be imposed.  The order to show cause
shall be served on the person against whom the sanctions are sought
and a hearing thereon shall be scheduled by the court to be conducted
at least 15 days after the order is served.
   (c) The remedy provided by this section is in addition to any
other remedy provided by law.
  SEC. 3.  Section 3027 is added to the Family Code, to read:
   3027.  (a) If allegations of child sexual abuse are made during a
child custody proceeding and the court has concerns regarding the
child's safety, the court may take any reasonable, temporary steps as
the court, in its discretion, deems appropriate under the
circumstances to protect the child's safety until an investigation
can be completed.  Nothing in this section shall affect the
applicability of Section 16504 or 16506 of the Welfare and
Institutions Code.
   (b) If allegations of child sexual abuse are made during a child
custody proceeding, the court may request that the local child
welfare services agency conduct an investigation of the allegations
pursuant to Section 328 of the Welfare and Institutions Code.  Upon
completion of the investigation, the agency shall report its findings
to the court.
  SEC. 4.  Section 3110.5 of the Family Code is amended to read:
   3110.5.  (a) No person shall be a court-connected or private child
custody evaluator under this chapter unless the person has completed
the domestic violence and child abuse training program described in
Section 1816 and has complied with Rules 1257.3 and 1257.7 of the
California Rules of Court.
   (b) (1) On or before January 1, 2002, the Judicial Council shall
formulate a statewide rule of court that establishes education,
experience, and training requirements for all child custody
evaluators appointed pursuant to this chapter, Section 730 of the
Evidence Code, or Section 2032 of the Code of Civil Procedure.
   (A) The rule shall require a child custody evaluator to declare
under penalty of perjury that he or she meets all of the education,
experience, and training requirements specified in the rule and, if
applicable, possesses a license in good standing.  The Judicial
Council shall establish forms to implement this section.  The rule
shall permit court-connected evaluators to conduct evaluations if
they meet all of the qualifications established by the Judicial
Council.  The education, experience, and training requirements to be
specified for court-connected evaluators shall include, but shall not
be limited to, knowledge of the psychological and developmental
needs of children and parent-child relationships.
   (B) The rule shall require all evaluators to utilize comparable
interview, assessment, and testing procedures for all parties that
are consistent with generally accepted clinical, forensic,
scientific, diagnostic, or medical standards.  The rule shall also
require evaluators to inform each adult party of the purpose, nature,
and method of the evaluation.
   (C) The rule may allow courts to permit the parties to stipulate
to an evaluator of their choosing with the approval of the court
under the circumstances set forth in subdivision (d).  The rule may
require courts to provide general information about how parties can
contact qualified child custody evaluators in their county.
   (2) On or before January 1, 2004, the Judicial Council shall
include in the statewide rule of court created pursuant to this
section a requirement that all court-connected and private child
custody evaluators receive training in the nature of child sexual
abuse.  The Judicial Council shall develop standards for this
training that shall include, but not be limited to, the following:
   (A) Children's patterns of hiding and disclosing sexual abuse
occurring in a family setting.
   (B) The effects of sexual abuse on children.
   (C) The nature and extent of child sexual abuse.
   (D) The social and family dynamics of child sexual abuse.
   (E) Techniques for identifying and assisting families affected by
child sexual abuse.
   (F) Legal rights, protections, and remedies available to victims
of child sexual abuse.
   (c) In addition to the education, experience, and training
requirements established by the Judicial Council pursuant to
subdivision (b), on or after January 1, 2005, no person shall be a
child custody evaluator under this chapter, Section 730 of the
Evidence Code, or Section 2032 of the Code of Civil Procedure unless
the person meets one of the following criteria:
   (1) He or she is licensed as a physician under Chapter 5
(commencing with Section 2000) of Division 2 of the Business and
Professions Code and either is a board certified psychiatrist or has
completed a residency in psychiatry.
   (2) He or she is licensed as a psychologist under Chapter 6.6
(commencing with Section 2900) of Division 2 of the Business and
Professions Code.
   (3) He or she is licensed as a marriage and family therapist under
Chapter 13 (commencing with Section 4980) of Division 2 of the
Business and Professions Code.
   (4) He or she is licensed as a clinical social worker under
Article 4 (commencing with Section 4996) of Chapter 14 of Division 2
of the Business and Professions Code.
   (5) He or she is a court-connected evaluator who has been
certified by the court as meeting all of the qualifications for
court-connected evaluators as specified by the Judicial Council
pursuant to subdivision (b).
   (d) Subdivision (c) shall not apply in any case where the court
determines that there are no evaluators who meet the criteria of
subdivision (c) who are willing and available, within a reasonable
period of time, to perform child custody evaluations.  In those
cases, the parties may stipulate to an individual who does not meet
the criteria of subdivision (c), subject to approval by the court.
   (e) A child custody evaluator who is licensed by the Medical Board
of California, the Board of Psychology, or the Board of Behavioral
Sciences shall be subject to disciplinary action by that board for
unprofessional conduct, as defined in the licensing law applicable to
that licensee.
   (f) On or after January 1, 2005, a court-connected or private
child custody evaluator shall not evaluate, investigate, or mediate
an issue of child custody in a proceeding pursuant to this division
unless that person has completed child sexual abuse training as
required by this section.
  SEC. 5.  Section 3112 of the Family Code is amended to read:
   3112.  (a) Where a court-appointed investigator is directed by the
court to conduct a custody investigation or evaluation pursuant to
this chapter or to undertake visitation work, including necessary
evaluation, supervision, and reporting, the court shall inquire into
the financial condition of the parent, guardian, or other person
charged with the support of the minor.  If the court finds the
parent, guardian, or other person able to pay all or part of the
expense of the investigation, report, and recommendation, the court
may make an order requiring the parent, guardian, or other person to
repay the court the amount the court determines proper.
   (b) The repayment shall be made to the court.  The court shall
keep suitable accounts of the expenses and repayments and shall
deposit the collections as directed by the Judicial Council.
  SEC. 6.  Section 3118 is added to the Family Code, to read:
   3118.  (a) In any contested proceeding involving child custody or
visitation rights, where the court has appointed a child custody
evaluator and the court determines that there is a serious allegation
or allegations of child sexual abuse, the court shall require an
evaluation pursuant to this section.  For purposes of this section, a
serious allegation of child sexual abuse means an allegation of
child sexual abuse, as defined in Section 11165.1 of the Penal Code,
that is based in whole or in part on statements made by the child to
law enforcement, a child welfare services agency investigator, any
person required by statute to report suspected child abuse, or any
other court appointed personnel, or that is supported by substantial
independent corroboration as provided for in subdivision (b) of
Section 3011.  When an allegation of child abuse arises in any other
circumstances in any proceeding involving child custody or visitation
rights, the court may require an evaluator to conduct an evaluation
pursuant to this section.  The order appointing a child custody
evaluator pursuant to this section shall provide that the evaluator
have access to all juvenile court records pertaining to the child who
is the subject of the evaluation.  The order shall also provide that
any juvenile court records or information gained from those records
remain confidential and shall only be released as specified in
Section 3111.
   (b) The evaluator shall, at a minimum, do all of the following:
   (1) Consult with the agency providing child welfare services  and
law enforcement regarding the allegations of child sexual abuse, and
obtain recommendations from these professionals regarding the child's
safety and the child's need for protection.
   (2) Review and summarize the child welfare services agency file;
however, no document contained in the child welfare services agency
file shall be photocopied, but a summary of the information in the
file, including statements made by the children and the parents, and
the recommendations made or anticipated to be made by the child
welfare services agency to the juvenile court, may be recorded by the
evaluator, except for the identity of the reporting party.  The
evaluator's notes summarizing the child welfare services agency
information shall be stored in a file separate from the evaluator's
file and may only be released to either party under order of the
court.
   (3) Obtain from a law enforcement investigator all available
information obtained from criminal background checks of the parents
and any suspected perpetrator that is not a parent.
   (4) Review the results of a multidisciplinary child interview team
(hereafter MDIT) interview if available, or if not, or if the
evaluator believes the MDIT interview is inadequate for purposes of
the investigation, interview the child or request an MDIT interview,
and shall wherever possible avoid repeated interviews of the child.
   (5) Request a forensic medical examination of the child from the
appropriate agency, or include in the report required by paragraph
(6) a written statement explaining why the examination is not needed.

   (6) File a confidential written report with the clerk of the court
in which the custody hearing will be conducted and which shall be
served on the parties or their attorneys at least 10 days prior to
the hearing.  This report shall not be made available other than as
provided in this subdivision.  This report shall include, but is not
limited to, the following:
   (A) Documentation of material interviews, including any MDIT
interview of the child or the evaluator, written documentation of
interviews with both parents by the evaluator, and interviews with
other witnesses who provided relevant information.
   (B) A summary of any law enforcement investigator's investigation,
including information obtained from the criminal background check of
the parents and any suspected perpetrator that is not a parent.
   (C) Relevant background material including, but not limited to, a
summary of a written report from any therapist treating the child for
suspected child sexual abuse, excluding any communication subject to
Section 1014 of the Evidence Code, reports from other professionals,
and the results of any forensic medical examination and any other
medical examination or treatment that could help establish or
disprove whether the child has been the victim of sexual abuse.
   (D) The evaluator's written recommendations regarding the
therapeutic needs of the child and how to ensure the safety of the
child.
   (E) A summary of the following information:  whether the child and
his or her parents are or have been the subject of a child abuse
investigation and the disposition of that investigation; the name,
location, and phone number of the children's services worker; the
status of the investigation and the recommendations made or
anticipated to be made regarding the child's safety; and any
dependency court orders or findings that might have a bearing on the
custody dispute.
   (F) Any other information the evaluator believes would be helpful
to the court in determining what is in the best interests of the
child.
   (c) If the evaluator obtains information as part of a family court
mediation, that information shall be maintained in the family court
file, which shall not be subject to subpoena by either party.  If,
however, the members of the family are the subject of an ongoing
child welfare services investigation, or the evaluator has made a
child welfare services referral, the evaluator shall so inform the
family law judicial officer in writing and this information shall
become part of the family law file.  This subdivision shall not be
construed to authorize or require a mediator to disclose any
information not otherwise authorized or required by law to be
disclosed.
   (d) In accordance with subdivision (d) of Section 11167 of the
Penal Code, the evaluator may not disclose any information regarding
the identity of any person making a report of suspected child abuse.
Nothing in this section is intended to limit any disclosure of
information by any agency that is otherwise required by law or court
order.
   (e) The evaluation standards set forth in this section represent
minimum requirements of evaluation and the court shall order further
evaluation beyond these minimum requirements when necessary to
determine the safety needs of the child.
   (f) If the court orders an evaluation pursuant to this section,
the court shall consider whether the best interest of the child
requires that a temporary order be issued that limits visitation with
the parent against whom the allegations have been made to situations
in which a third person specified by the court is present or whether
visitation will be suspended or denied in accordance with Section
3011.
   (g) An evaluation pursuant to this section shall be suspended if a
petition is filed to declare the child a dependent child of the
juvenile court pursuant to Section 300 of the Welfare and
Institutions Code, and all information gathered by the evaluator
shall be made available to the juvenile court.
   (h) This section shall not be construed to authorize a court to
issue any orders in a proceeding pursuant to this division regarding
custody or visitation with respect to a minor child who is the
subject of a dependency hearing in juvenile court or to otherwise
supersede Section 302 of the Welfare and Institutions Code.
  SEC. 7.  Section 827 of the Welfare and Institutions Code is
amended to read:
   827.  (a) (1) Except as provided in Section 828, a case file may
be inspected only by the following:
   (A) Court personnel.
   (B) The district attorney, a city attorney, or city prosecutor
authorized to prosecute criminal or juvenile cases under state law.
   (C) The minor who is the subject of the proceeding.
   (D) His or her parents or guardian.
   (E) The attorneys for the parties, and judges, referees, other
hearing officers, probation officers and law enforcement officers who
are actively participating in criminal or juvenile proceedings
involving the minor.
   (F) The superintendent or designee of the school district where
the minor is enrolled or attending school.
   (G) Members of the child protective agencies as defined in Section
11165.9 of the Penal Code.
   (H) The State Department of Social Services to carry out its
duties pursuant to Division 9 (commencing with Section 10000), and
Part 5 (commencing with Section 7900) of Division 12 of the Family
Code to oversee and monitor county child welfare agencies, children
in foster care or receiving foster care assistance, and out-of-state
placements.
   (I) To authorized legal staff or special investigators who are
peace officers who are employed by, or who are authorized
representatives of, the State Department of Social Services, as
necessary to the performance of their duties to inspect, license, and
investigate community care facilities, and to ensure that the
standards of care and services provided in those facilities are
adequate and appropriate and to ascertain compliance with the rules
and regulations to which the facilities are subject.  The
confidential information shall remain confidential except for
purposes of inspection, licensing, or investigation pursuant to
Chapter 3 (commencing with Section 1500) and Chapter 3.4 (commencing
with Section 1596.70) of Division 2 of the Health and Safety Code, or
a criminal, civil, or administrative proceeding in relation thereto.
  The confidential information may be used by the State Department of
Social Services in a criminal, civil, or administrative proceeding.
The confidential information shall be available only to the judge or
hearing officer and to the parties to the case.  Names that are
confidential shall be listed in attachments separate to the general
pleadings.  The confidential information shall be sealed after the
conclusion of the criminal, civil, or administrative hearings, and
shall not subsequently be released except in accordance with this
subdivision.  If the confidential information does not result in a
criminal, civil, or administrative proceeding, it shall be sealed
after the State Department of Social Services decides that no further
action will be taken in the matter of suspected licensing
violations.  Except as otherwise provided in this subdivision,
confidential information in the possession of the State Department of
Social Services shall not contain the name of the minor.
   (J) Members of children's multidisciplinary teams, persons or
agencies providing treatment or supervision of the minor.
   (K) A judge assigned to a family law case with issues concerning
custody or visitation, or both, involving the minor, a family court
mediator assigned to a case involving the minor pursuant to Article 1
(commencing with Section 3160) of Chapter 11 of Part 2 of Division 8
of the Family Code, and a child custody evaluator appointed by the
court pursuant to Section 3118 of the Family Code.
   (L) Any other person who may be designated by court order of the
judge of the juvenile court upon filing a petition.
   (2) Notwithstanding any other law and subject to subparagraph (A)
of paragraph (3), juvenile case files, except those relating to
matters within the jurisdiction of the court pursuant to Section 601
or 602, which pertain to a deceased child who was within the
jurisdiction of the juvenile court pursuant to Section 300, shall be
released to the public pursuant to an order by the juvenile court
after a petition has been filed and interested parties have been
afforded an opportunity to file an objection.  Any information
relating to another child or which could identify another child,
except for information about the deceased, shall be redacted from the
juvenile case file prior to release, unless a specific order is made
by the juvenile court to the contrary.  Except as provided in this
paragraph, the presiding judge of the juvenile court may issue an
order prohibiting or limiting access to the juvenile case file, or
any portion thereof, of a deceased child only upon a showing that
release of the juvenile case file or any portion thereof is
detrimental to the safety, protection, or physical, or emotional
well-being of another child who is directly or indirectly connected
to the juvenile case that is the subject of the petition.
   (3) Access to juvenile case files pertaining to matters within the
jurisdiction of the juvenile court pursuant to Section 300 shall be
limited as follows:
   (A) If a juvenile case file, or any portion thereof, is privileged
or confidential pursuant to any other state law or federal law or
regulation, the requirements of that state law or federal law or
regulation prohibiting or limiting release of the juvenile case file
or any portions thereof shall prevail.  Unless a person is listed in
subparagraphs (A) to  (K), inclusive, of paragraph (1) and is
entitled to access under the other state law or federal law or
regulation without a court order, all those seeking access, pursuant
to other authorization, to portions of, or information relating to
the contents of, juvenile case files protected under another state
law or federal law or regulation, shall petition the juvenile court.
The juvenile court may only release the portion of, or information
relating to the contents of, juvenile case files protected by another
state law or federal law or regulation if disclosure is not
detrimental to the safety, protection, or physical or emotional
well-being of a child who is directly or indirectly connected to the
juvenile case that is the subject of the petition.  This paragraph
shall not be construed to limit the ability of the juvenile court to
carry out its duties in conducting juvenile court proceedings.
   (B) Prior to the release of the juvenile case file or any portion
thereof, the court shall afford due process, including a notice of
and an opportunity to file an objection to the release of the record
or report to all interested parties.
   (4) A juvenile case file, any portion thereof, and information
relating to the content of the juvenile case file, shall not be
disseminated by the receiving agencies to any persons or agencies,
other than those persons or agencies authorized to receive documents
pursuant to this section.  Further, a juvenile case file, any portion
thereof, and information relating to the content of the juvenile
case file, shall not be made as an attachment to any other documents
without the prior approval of the presiding judge of the juvenile
court, unless it is used in connection with and in the course of a
criminal investigation or a proceeding brought to declare a person a
dependent child or ward of the juvenile court.
   (b) (1) While the Legislature reaffirms its belief that juvenile
court records, in general, should be confidential, it is the intent
of the Legislature in enacting this subdivision to provide for a
limited exception to juvenile court record confidentiality to promote
more effective communication among juvenile courts, family courts,
law enforcement agencies, and schools to ensure the rehabilitation of
juvenile criminal offenders as well as to lessen the potential for
drug use, violence, other forms of delinquency, and child abuse.
   (2) Notwithstanding subdivision (a), written notice that a minor
enrolled in a public school, kindergarten to grade 12, inclusive, has
been found by a court of competent jurisdiction to have committed
any felony or any misdemeanor involving curfew, gambling, alcohol,
drugs, tobacco products, carrying of weapons, a sex offense listed in
Section 290 of the Penal Code, assault or battery, larceny,
vandalism, or graffiti shall be provided by the court, within seven
days, to the superintendent of the school district of attendance.
Written notice shall include only the offense found to have been
committed by the minor and the disposition of the minor's case.  This
notice shall be expeditiously transmitted by the district
superintendent to the principal at the school of attendance.  The
principal shall expeditiously disseminate the information to those
counselors directly supervising or reporting on the behavior or
progress of the minor.  In addition, the principal shall disseminate
the information to any teacher or administrator directly supervising
or reporting on the behavior or progress of the minor whom the
principal believes needs the information to work with the pupil in an
appropriate fashion, to avoid being needlessly vulnerable or to
protect other persons from needless vulnerability.
   Any information received by a teacher, counselor, or administrator
under this subdivision shall be received in confidence for the
limited purpose of rehabilitating the minor and protecting students
and staff, and shall not be further disseminated by the teacher,
counselor, or administrator, except insofar as communication with the
juvenile, his or her parents or guardians, law enforcement
personnel,                                          and the juvenile'
s probation officer is necessary to effectuate the juvenile's
rehabilitation or to protect students and staff.
   An intentional violation of the confidentiality provisions of this
paragraph is a misdemeanor punishable by a fine not to exceed five
hundred dollars ($500).
   (3) If a minor is removed from public school as a result of the
court's finding described in subdivision (b), the superintendent
shall maintain the information in a confidential file and shall defer
transmittal of the information received from the court until the
minor is returned to public school.  If the minor is returned to a
school district other than the one from which the minor came, the
parole or probation officer having jurisdiction over the minor shall
so notify the superintendent of the last district of attendance, who
shall transmit the notice received from the court to the
superintendent of the new district of attendance.
   (c) Each probation report filed with the court concerning a minor
whose record is subject to dissemination pursuant to subdivision (b)
shall include on the face sheet the school at which the minor is
currently enrolled.  The county superintendent shall provide the
court with a listing of all of the schools within each school
district, within the county, along with the name and mailing address
of each district superintendent.
   (d) Each notice sent by the court pursuant to subdivision (b)
shall be stamped with the instruction:  "Unlawful Dissemination Of
This Information Is A Misdemeanor."  Any information received from
the court shall be kept in a separate confidential file at the school
of attendance and shall be transferred to the minor's subsequent
schools of attendance and maintained until the minor graduates from
high school, is released from juvenile court jurisdiction, or reaches
the age of 18, whichever occurs first.  After that time the
confidential record shall be destroyed.  At any time after the date
by which a record required to be destroyed by this section should
have been destroyed, the minor or his or her parent or guardian shall
have the right to make a written request to the principal of the
school that the minor's school records be reviewed to ensure that the
record has been destroyed.  Upon completion of any requested review
and no later than 30 days after the request for the review was
received, the principal or his or her designee shall respond in
writing to the written request and either shall confirm that the
record has been destroyed or, if the record has not been destroyed,
shall explain why destruction has not yet occurred.
   Except as provided in paragraph (2) of subdivision (b), no
liability shall attach to any person who transmits or fails to
transmit any notice or information required under subdivision (b).
   (e) For purposes of this section, a "juvenile case file" means a
petition filed in any juvenile court proceeding, reports of the
probation officer, and all other documents filed in that case or made
available to the probation officer in making his or her report, or
to the judge, referee, or other hearing officer, and thereafter
retained by the probation officer, judge, referee, or other hearing
officer.
  SEC. 8.  Section 827 of the Welfare and Institutions Code is
amended to read:
   827.  (a) (1) Except as provided in Section 828, a case file may
be inspected only by the following:
   (A) Court personnel.
   (B) The district attorney, a city attorney, or city prosecutor
authorized to prosecute criminal or juvenile cases under state law.
   (C) The minor who is the subject of the proceeding.
   (D) His or her parents or guardian.
   (E) The attorneys for the parties, and judges, referees, other
hearing officers, probation officers and law enforcement officers who
are actively participating in criminal or juvenile proceedings
involving the minor.
   (F) The superintendent or designee of the school district where
the minor is enrolled or attending school.
   (G) Members of the child protective agencies as defined in Section
11165.9 of the Penal Code.
   (H) The State Department of Social Services to carry out its
duties pursuant to Division 9 (commencing with Section 10000), and
Part 5 (commencing with Section 7900) of Division 12 of the Family
Code to oversee and monitor county child welfare agencies, children
in foster care or receiving foster care assistance, and out-of-state
placements.
   (I) To authorized legal staff or special investigators who are
peace officers who are employed by, or who are authorized
representatives of, the State Department of Social Services, as
necessary to the performance of their duties to inspect, license, and
investigate community care facilities, and to ensure that the
standards of care and services provided in those facilities are
adequate and appropriate and to ascertain compliance with the rules
and regulations to which the facilities are subject.  The
confidential information shall remain confidential except for
purposes of inspection, licensing, or investigation pursuant to
Chapter 3 (commencing with Section 1500) and Chapter 3.4 (commencing
with Section 1596.70) of Division 2 of the Health and Safety Code, or
a criminal, civil, or administrative proceeding in relation thereto.
  The confidential information may be used by the State Department of
Social Services in a criminal, civil, or administrative proceeding.
The confidential information shall be available only to the judge or
hearing officer and to the parties to the case.  Names that are
confidential shall be listed in attachments separate to the general
pleadings.  The confidential information shall be sealed after the
conclusion of the criminal, civil, or administrative hearings, and
shall not subsequently be released except in accordance with this
subdivision.  If the confidential information does not result in a
criminal, civil, or administrative proceeding, it shall be sealed
after the State Department of Social Services decides that no further
action will be taken in the matter of suspected licensing
violations.  Except as otherwise provided in this subdivision,
confidential information in the possession of the State Department of
Social Services shall not contain the name of the minor.
   (J) Members of children's multidisciplinary teams, persons or
agencies providing treatment or supervision of the minor.
   (K) A judge assigned to a family law case with issues concerning
custody or visitation, or both, involving the minor, a family court
mediator assigned to a case involving the minor pursuant to Article 1
(commencing with Section 3160) of Chapter 11 of Part 2 of Division 8
of the Family Code, and a child custody evaluator appointed by the
court pursuant to Section 3118 of the Family Code.
   (L) Juvenile justice commissions as established under Section 225.
  The confidentiality provisions of Section 10850 shall apply to a
juvenile justice commission and its members.
   (M) Any other person who may be designated by court order of the
judge of the juvenile court upon filing a petition.
   (2) Notwithstanding any other law and subject to subparagraph (A)
of paragraph (3), juvenile case files, except those relating to
matters within the jurisdiction of the court pursuant to Section 601
or 602, which pertain to a deceased child who was within the
jurisdiction of the juvenile court pursuant to Section 300, shall be
released to the public pursuant to an order by the juvenile court
after a petition has been filed and interested parties have been
afforded an opportunity to file an objection.  Any information
relating to another child or which could identify another child,
except for information about the deceased, shall be redacted from the
juvenile case file prior to release, unless a specific order is made
by the juvenile court to the contrary.  Except as provided in this
paragraph, the presiding judge of the juvenile court may issue an
order prohibiting or limiting access to the juvenile case file, or
any portion thereof, of a deceased child only upon a showing that
release of the juvenile case file or any portion thereof is
detrimental to the safety, protection, or physical, or emotional
well-being of another child who is directly or indirectly connected
to the juvenile case that is the subject of the petition.
   (3) Access to juvenile case files pertaining to matters within the
jurisdiction of the juvenile court pursuant to Section 300 shall be
limited as follows:
   (A) If a juvenile case file, or any portion thereof, is privileged
or confidential pursuant to any other state law or federal law or
regulation, the requirements of that state law or federal law or
regulation prohibiting or limiting release of the juvenile case file
or any portions thereof shall prevail.  Unless a person is listed in
subparagraphs (A) to  (L), inclusive, of paragraph (1) and is
entitled to access under the other state law or federal law or
regulation without a court order, all those seeking access, pursuant
to other authorization, to portions of, or information relating to
the contents of, juvenile case files protected under another state
law or federal law or regulation, shall petition the juvenile court.
The juvenile court may only release the portion of, or information
relating to the contents of, juvenile case files protected by another
state law or federal law or regulation if disclosure is not
detrimental to the safety, protection, or physical or emotional
well-being of a child who is directly or indirectly connected to the
juvenile case that is the subject of the petition.  This paragraph
shall not be construed to limit the ability of the juvenile court to
carry out its duties in conducting juvenile court proceedings.
   (B) Prior to the release of the juvenile case file or any portion
thereof, the court shall afford due process, including a notice of
and an opportunity to file an objection to the release of the record
or report to all interested parties.
   (4) A juvenile case file, any portion thereof, and information
relating to the content of the juvenile case file, shall not be
disseminated by the receiving agencies to any persons or agencies,
other than those persons or agencies authorized to receive documents
pursuant to this section.  Further, a juvenile case file, any portion
thereof, and information relating to the content of the juvenile
case file, shall not be made as an attachment to any other documents
without the prior approval of the presiding judge of the juvenile
court, unless it is used in connection with and in the course of a
criminal investigation or a proceeding brought to declare a person a
dependent child or ward of the juvenile court.
   (b) (1) While the Legislature reaffirms its belief that juvenile
court records, in general, should be confidential, it is the intent
of the Legislature in enacting this subdivision to provide for a
limited exception to juvenile court record confidentiality to promote
more effective communication among juvenile courts, family courts,
law enforcement agencies, and schools to ensure the rehabilitation of
juvenile criminal offenders as well as to lessen the potential for
drug use, violence, other forms of delinquency, and child abuse.
   (2) Notwithstanding subdivision (a), written notice that a minor
enrolled in a public school, kindergarten to grade 12, inclusive, has
been found by a court of competent jurisdiction to have committed
any felony or any misdemeanor involving curfew, gambling, alcohol,
drugs, tobacco products, carrying of weapons, a sex offense listed in
Section 290 of the Penal Code, assault or battery, larceny,
vandalism, or graffiti shall be provided by the court, within seven
days, to the superintendent of the school district of attendance.
Written notice shall include only the offense found to have been
committed by the minor and the disposition of the minor's case.  This
notice shall be expeditiously transmitted by the district
superintendent to the principal at the school of attendance.  The
principal shall expeditiously disseminate the information to those
counselors directly supervising or reporting on the behavior or
progress of the minor.  In addition, the principal shall disseminate
the information to any teacher or administrator directly supervising
or reporting on the behavior or progress of the minor whom the
principal believes needs the information to work with the pupil in an
appropriate fashion, to avoid being needlessly vulnerable or to
protect other persons from needless vulnerability.
   Any information received by a teacher, counselor, or administrator
under this subdivision shall be received in confidence for the
limited purpose of rehabilitating the minor and protecting students
and staff, and shall not be further disseminated by the teacher,
counselor, or administrator, except insofar as communication with the
juvenile, his or her parents or guardians, law enforcement
personnel, and the juvenile's probation officer is necessary to
effectuate the juvenile's rehabilitation or to protect students and
staff.
   An intentional violation of the confidentiality provisions of this
paragraph is a misdemeanor punishable by a fine not to exceed five
hundred dollars ($500).
   (3) If a minor is removed from public school as a result of the
court's finding described in subdivision (b), the superintendent
shall maintain the information in a confidential file and shall defer
transmittal of the information received from the court until the
minor is returned to public school.  If the minor is returned to a
school district other than the one from which the minor came, the
parole or probation officer having jurisdiction over the minor shall
so notify the superintendent of the last district of attendance, who
shall transmit the notice received from the court to the
superintendent of the new district of attendance.
   (c) Each probation report filed with the court concerning a minor
whose record is subject to dissemination pursuant to subdivision (b)
shall include on the face sheet the school at which the minor is
currently enrolled.  The county superintendent shall provide the
court with a listing of all of the schools within each school
district, within the county, along with the name and mailing address
of each district superintendent.
   (d) Each notice sent by the court pursuant to subdivision (b)
shall be stamped with the instruction:  "Unlawful Dissemination Of
This Information Is A Misdemeanor."  Any information received from
the court shall be kept in a separate confidential file at the school
of attendance and shall be transferred to the minor's subsequent
schools of attendance and maintained until the minor graduates from
high school, is released from juvenile court jurisdiction, or reaches
the age of 18, whichever occurs first.  After that time the
confidential record shall be destroyed.  At any time after the date
by which a record required to be destroyed by this section should
have been destroyed, the minor or his or her parent or guardian shall
have the right to make a written request to the principal of the
school that the minor's school records be reviewed to ensure that the
record has been destroyed.  Upon completion of any requested review
and no later than 30 days after the request for the review was
received, the principal or his or her designee shall respond in
writing to the written request and either shall confirm that the
record has been destroyed or, if the record has not been destroyed,
shall explain why destruction has not yet occurred.
   Except as provided in paragraph (2) of subdivision (b), no
liability shall attach to any person who transmits or fails to
transmit any notice or information required under subdivision (b).
   (e) For purposes of this section, a "juvenile case file" means a
petition filed in any juvenile court proceeding, reports of the
probation officer, and all other documents filed in that case or made
available to the probation officer in making his or her report, or
to the judge, referee, or other hearing officer, and thereafter
retained by the probation officer, judge, referee, or other hearing
officer.
  SEC. 9.  Section 8 of this bill incorporates amendments to Section
827 of the Welfare and Institutions Code proposed by both this bill
and SB 1611.  It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2001, (2) each
bill amends Section 827 of the Welfare and Institutions Code, and (3)
this bill is enacted after SB 1611, in which case Section 7 of this
bill shall not become operative.
  SEC. 10.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
